Disclaimer: This article provides general information and does not constitute legal advice. Consult a qualified attorney for advice on your situation.
Detailed Answer
Under Pennsylvania law, you can recover lost wages as part of your damages if another driver’s negligence caused your car accident. To prove your lost earning capacity and actual earnings, you must present clear evidence that ties your work absence to the collision. Pennsylvania’s damages statute defines lost earnings as part of pecuniary losses. See 42 Pa. C.S. § 7102. Your proof should include two types of documents: your regular earnings and the hours you missed due to your injuries.
First, gather documentation of your normal income. For part-time work, this may include recent pay stubs, year-end W-2 or 1099 forms, and employer records. If you lack formal pay stubs, an employer letter on company letterhead confirming your hourly rate, scheduled hours, and average weekly income also works.
Second, document the time you missed. Physician records must confirm the dates you could not work, tying your absence to medical orders. Use appointment notes, work release forms, or disability slips. If you are self-employed, submit business logs, client invoices, or tax returns showing reduced earnings during your recovery.
Once you collect these records, organize them chronologically. Summarize your lost income by multiplying your hourly rate by the hours missed. If any benefits—like paid sick leave or short-term disability—covered part of your wages, note those offsets. Pennsylvania law allows you to recover net lost earnings. See 42 Pa. C.S. § 7104 regarding permitted offsets.
Finally, present your evidence clearly to the at-fault driver’s insurer or in court. A damages calculation worksheet can help. If your part-time hours fluctuate, a vocational expert or economist might provide an affidavit estimating your losses based on your work history.
Helpful Hints
- Request all pay records from your employer, even if informal.
- Keep a diary of missed workdays with dates and hours.
- Obtain copies of all medical orders restricting work.
- Subtract any wage benefits you received from your total losses.
- Use a spreadsheet or chart for clear presentation.
- Consider expert testimony to support complex wage losses.